TNAG-2110-FCO40-3009-Hong-Kong-participation-in-international-organisations-1990 — Page 39

布政司署

Restricted

(95

GOVERNMent secRETARIAT

LOWER ALBERT ROAD

HONG KONG

香港下亞畢道

* OUR REF: CAB B 3/19/1

нисовто

來函檔號 YOUR REF:

"CEIVED I

"TRY

14 JAN 1991

TRY

sion Taren

C Sainty Esq.

Hong Kong Department

Foreign & Commonwealth office

Whitehall

SW1A 2AH

London

Dear Chris.

ریری

Could

indicate

you action taken?

20 December 1990

Mr

Seánty

Ror please

fm9|1

Plant Protection Agreement for the Asia and

Pacific Region

77

Rm1711

Letter out to ODA ода

C5 18/1/91

I refer to your

to your letter

letter of 20 September 1990 which conveys to us Mr. C M Athayde's suggestion that Hong Kong should also ratify the amendment to Article I(a) of the Agreement.

2.

Article IX, paragraphs 4 and 5, of the Agreement sets out clearly the procedures regarding the acceptance by Contracting Governments and the entry into force of amendments to the Agreement. The UK is a Contracting Government

Government to the Agreement but not Hong Kong, and there is therefore no question of Hong Kong "accepting" or "ratifying" amendments to the Agreement. We understand that on 10 January 1986 the UK accepted the amendment to Article I(a). This comes into force as from the thirtieth day after acceptance by two-thirds of the Contracting Governments (Article IX, paragraph 4).

In the absence of a territorial application clause in the Agreement, we assume that the agreement and therefore the amendment to it are considered to apply to Hong Kong.

a6150(II)

Yours ever,

Wysongmg.

(Wilson Fung)

for Secretary for Constitutional Affairs

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